News & Analysis as of

Punitive Damages

New Jury Imposes Disproportionate Punitive Award In AbbVie Retrial

Only three months after AbbVie obtained a retrial of a case in which a jury had imposed $150 million in punitive damages without awarding any compensatory damages, a new jury awarded the same plaintiff $200,000 in...more

When MDL Judges Come To Visit

by Reed Smith on

We wrote a post not too long ago recommending that MDL defendants seriously consider limiting so called “Lexecon (read the prior post if you don’t know what that means) waivers” to single plaintiff trials and to exclude...more

New Jersey Becomes Latest State To Pass Equal Pay Legislation

by Fisher Phillips on

New Jersey will become the latest state to mandate a comprehensive equal pay law as Governor Phil Murphy announced that he will sign the “Diane B. Allen Equal Pay Act”—recently passed by the state legislature—on April 24,...more

Federal Jury Awards Iowa Businessman $4 Million

by Davis Brown Law Firm on

On Thursday, April 12, Davis Brown attorneys, Stanley J. Thompson and Jason R. Lawrence scored a major victory on behalf of their client, retired Akron businessman, John Lucken. The jury found Heritage Bank of Spicer,...more

WHD Opinion Letter Finally Resolves Question Surrounding Lump-Sum Payments and Garnishments

Most employers receive a garnishment from time to time, and some employers receive a lot of them. It is the employer’s legal obligation to administer garnishments exactly, and liability arises for the employer for...more

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

by K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

by Carlton Fields on

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

SDNY Ruling Narrows Claims in COI Suit

by Carlton Fields on

In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory on its motion for partial dismissal of the complaints in two...more

Employment Law - April 2018

Inability to Work Overtime Dooms ADA Lawsuit - Why it matters - Where overtime was an essential job function, the inability to work the extra hours doomed a plaintiff’s Americans with Disabilities Act (ADA) lawsuit, a...more

Louisiana Supreme Court Wades Into Punitive Damages In Maritime Context

Louisiana generally does not permit punitive damages. But if an accident happens on navigable waters, and the plaintiff brings a claim under federal maritime law, a Louisiana jury can award punitive damages, and Louisiana...more

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

New Jersey Passes Equal Pay Legislation Aimed at Closing the Wage Gap for All Protected Classes

by Fisher Phillips on

On March 27, 2018, New Jersey became the latest state to pass comprehensive equal pay legislation, and one of the first states to pass an equal pay law that extends protections beyond gender to all classes of employees that...more

Significant Intellectual Property Trademark Decisions

by Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a...more

Remember: Pregnant Employees Are Entitled to Reasonable Accommodations Too!

It should come as no surprise that employers must treat pregnant employees just like everyone else when it comes to reasonable accommodations. We’ve blogged on this topic several times before, but a recent lawsuit by the EEOC...more

Court Affirms Punitive Damages In A Breach-Of-Fiduciary-Duty/Partnership Dispute

by Winstead PC on

In Home Comfortable Supplies, Inc. v. Cooper, the defendant induced others to start a new limited partnership with his corporation. No. 14-16-00906-CV, 2018 Tex. App. LEXIS 1381 (Tex. App.—Houston [14th Dist.] February 22,...more

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

by Holland & Knight LLP on

A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

by Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Appellate Group News: 2017 Year In Review

by Murtha Cullina on

2017 was a significant year for Murtha Cullina’s appellate practice group. The firm was recognized by the Connecticut Law Tribune as its "Appellate Litigation Department of the Year." 2017 also marked two anniversary dates of...more

Dot The I’s And Cross The T’s: The Importance Of Clarity In Claim Communications And The Availability Of Punitive Damages For An...

by Carlton Fields on

The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more

JSH Reporter - Fall 2017

It has been over one year since our last issue, and we are pleased to share several resources with you, including important case summaries, law updates, attorney-authored articles, and firm news and events. Please see full...more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

by Fisher Phillips on

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion. Vanderveen v...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES B.

by Field Law on

II. LIABILITY ISSUES - B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for...more

Updates On Verdicts About Which We Reported In 2017

We reported on a bunch of eye-popping punitive awards in 2017. There have been further developments in a number of those cases. Though we may provide more comprehensive discussions of some of those developments, here is a...more

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